[2005] KEHC 832 (KLR)
The court found that the suit in question was filed in the Chief Magistrate’s Court Nakuru, which is subordinate to the High Court Nakuru and not to the High Court Nairobi. Therefore, the High Court at Nairobi lacked jurisdiction to transfer the suit to Nairobi. The application was dismissed as the proper procedure...
Source-derived case information.
- Citation
- [2005] KEHC 832 (KLR)
- Parties
- Plaintiff: Milling Corporation of (K) Ltd; Defendant: __MISSING__
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Commercial Courts)
- Jurisdiction
- Kenya
- Case Number
- ? 575 of 2005
- Procedural Posture
- Miscellaneous Application / Ruling on Application to Transfer Suit
- Outcome
- application dismissed with costs to the plaintiff
- Judges
- JL Osiemo
- Legal Topics
- Transfer of Suits, Jurisdiction of Subordinate Courts, Powers of High Court
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Milling Corporation of (K) Ltd
Plaintiff
__MISSING__
Defendant
Procedural Posture
Miscellaneous Application / Ruling on Application to Transfer Suit
Legal Issues
- 1 Whether the High Court at Nairobi has jurisdiction to transfer a suit filed in the Chief Magistrate's Court at Nakuru to Nairobi.
- 2 Whether the grounds advanced by the defendant justify the transfer of the suit.
Ratio Decidendi
The court found that the suit in question was filed in the Chief Magistrate’s Court Nakuru, which is subordinate to the High Court Nakuru and not to the High Court Nairobi. Therefore, the High Court at Nairobi lacked jurisdiction to transfer the suit to Nairobi. The application was dismissed as the proper procedure was not followed, and the court emphasized the importance of jurisdictional boundaries in the transfer of cases between subordinate courts.
Court Disposition
application dismissed with costs to the plaintiff
Orders
- The defendant's application to transfer Nakuru CMCC No. 505 of 2005 to Nairobi is dismissed with costs to the plaintiff.
Full Case Text
Judgment text and source record
12 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NAIROBI
Misc Civ Appli 575 of 2005MILLING CORPORATION OF (K) LTD………..…PLAINTIFF/RESPONDENT VERSUS
RULING The defendant by way of this Notice of Motion seeks Orders that NAKURU CMCC NO. 505 OF 2005 be transferred to Chief Magistrate’s Court in Nairobi for hearing and final disposal. The application is expressed to be brought under Sections 18 and 3A of the Civil Procedure Act and is premised on the ground that the defendant resides in Nairobi, the cause of action arose in Nairobi and that all the witness reside in Nairobi.
The application is opposed by the plaintiff on the ground that the cause of action arose in Nakuru.
Section 18 of the Civil Procedure Act give the High Court power to transfer cases instituted in subordinate courts. It provides “18 (1)”. The High court may at any stage:
(b) Withdraw any suit or other proceeding pending in any court subordinate to it and thereafter
(i) ……………………………………….
(ii) Transfer the same for trial or disposal to any court subordinate to it and competent to try or dispose of the same.
The suit intended to be transferred was filed in the Chief Magistrates’ Court Nakuru which is subordinate to the High Curt Nakuru and not in Nairobi or any other High court for that matter. The defendants’ application is therefore dismissed with costs to the plaintiff.
Delivered and dated at Nairobi this 14th day of July 2005.
J.L.A. OSIEMO JUDGE